Case Note & Summary
The petitioners, members of respondent No.4 housing cooperative society (Ahilyabai Magasavargiya Gruhnirman Sahakari Sanstha Ltd.), challenged the order dated 17.4.2012 passed by the Joint Registrar, Cooperative Societies, Aurangabad, in Revision Application No.21/2011. The Joint Registrar had allowed the revision and set aside the earlier order of the Deputy Registrar dated 15.12.2006, which had granted permission to the society to sell its land (Gat No.74, admeasuring 1 Acre 20 Guntha) to respondents No.5 and 6. The petitioners sought quashing of the Joint Registrar's order and cancellation of the sale deed executed on 22.1.2007. The court found that the Joint Registrar passed the impugned order without issuing notice to the petitioners or other members of the society, violating principles of natural justice. Additionally, the revision application was filed beyond the period of limitation without any application for condonation of delay, and the Joint Registrar failed to conduct any inquiry under Section 83 of the Maharashtra Co-operative Societies Act, 1960 before granting permission. The court held that the impugned order was without jurisdiction and in breach of the society's bye-laws. Consequently, the court allowed the writ petition, quashed the order dated 17.4.2012, and directed the Joint Registrar to decide the revision application afresh after giving notice to all concerned parties and conducting a proper inquiry.
Headnote
A) Cooperative Law - Sale of Society Land - Permission under Bye-laws - The Joint Registrar granted permission for sale of society land without issuing notice to the members of the society, violating principles of natural justice. The court held that the order was passed without jurisdiction and in breach of bye-laws, and thus quashed the order. (Paras 4-8)
B) Cooperative Law - Revision Application - Limitation - The revision application was filed beyond the period of limitation without any application for condonation of delay. The Joint Registrar entertained the revision without considering the delay, which was improper. (Para 7)
C) Cooperative Law - Inquiry under Section 83 - The Joint Registrar failed to conduct any inquiry as required under Section 83 of the Maharashtra Co-operative Societies Act, 1960 before granting permission. The court held that such inquiry is mandatory before sanctioning sale of society land. (Para 8)
Issue of Consideration
Whether the Joint Registrar, Cooperative Societies, acted within jurisdiction in granting permission for sale of society land without notice to members and without proper inquiry, and whether the impugned order dated 17.4.2012 is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 17.4.2012 passed by the Joint Registrar, Cooperative Societies, Aurangabad in Revision Application No.21/2011 is quashed and set aside. The matter is remitted back to the Joint Registrar to decide the revision application afresh after giving notice to all concerned parties and after conducting a proper inquiry in accordance with law.
Law Points
- Natural justice
- Cooperative societies
- Sale of land
- Bye-laws
- Revision jurisdiction
- Notice to members
- Inquiry under Section 83
Case Details
2016 LawText (BOM) (05) 8
Writ Petition No. 6286 of 2012
Mr. D. V. Soman for Petitioners, Mr. V. M. Kagne, Asst. Govt. Pleader for Respondent No.1/State, Mr. A. D. Kasliwal for Respondent No.5
Smt. Sheela W/o. Namdeo Bondekar, Smt. Mandakini W/o Shankarrao Hanumante, Smt. Suhasini W/o Vithalrao Pohankar
The State of Maharashtra, The Joint Registrar, Cooperative Societies, Aurangabad, The Taluka Dy. Registrar Cooperative Societies, Aurangabad, Ahilyabai Magasavargiya Gruhnirman Sahakari Sanstha Ltd. Satara, Smt. Vatsalabai W/o Maruti Nikalje, Smt. Vijaya W/o. Prabhakar Shirole
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Joint Registrar, Cooperative Societies, in a revision application concerning permission for sale of society land.
Remedy Sought
Petitioners sought quashing of the Joint Registrar's order dated 17.4.2012 and cancellation of the sale deed executed on 22.1.2007.
Filing Reason
The Joint Registrar allowed the revision application without notice to the petitioners and without proper inquiry, violating principles of natural justice and the society's bye-laws.
Previous Decisions
The Deputy Registrar had granted permission for sale of land on 15.12.2006. The Joint Registrar, in Revision Application No.21/2011, set aside that permission by order dated 17.4.2012.
Issues
Whether the Joint Registrar acted without jurisdiction in entertaining the revision application beyond limitation without condonation of delay.
Whether the impugned order was passed in violation of principles of natural justice as no notice was given to the petitioners.
Whether the Joint Registrar failed to conduct an inquiry under Section 83 of the Maharashtra Co-operative Societies Act, 1960 before granting permission.
Submissions/Arguments
Petitioners argued that the Joint Registrar passed the order without issuing notice to them, violating natural justice.
Petitioners contended that the revision application was filed beyond limitation without any application for condonation of delay.
Petitioners submitted that the Joint Registrar failed to conduct any inquiry under Section 83 of the Act before granting permission.
Ratio Decidendi
The Joint Registrar's order was passed without jurisdiction and in violation of principles of natural justice as no notice was given to the members of the society. The revision application was entertained beyond limitation without any application for condonation of delay. The Joint Registrar failed to conduct an inquiry under Section 83 of the Maharashtra Co-operative Societies Act, 1960 before granting permission for sale of society land. Therefore, the order is unsustainable and liable to be quashed.
Judgment Excerpts
The impugned order dated 17.4.2012 passed by the Joint Registrar, Co-operative Societies, Aurangabad in Revision Application No.21/2011 is quashed and set aside.
The Joint Registrar has passed the impugned order without issuing notice to the petitioners and without conducting any inquiry as required under Section 83 of the Maharashtra Co-operative Societies Act, 1960.
Procedural History
The Deputy Registrar granted permission for sale of society land on 15.12.2006. Respondents No.5 and 6 filed Revision Application No.21/2011 before the Joint Registrar, who allowed it by order dated 17.4.2012, setting aside the permission. The petitioners then filed the present writ petition on 20.7.2012 challenging the Joint Registrar's order.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 83
- Constitution of India: Article 226, 227
